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HomeMy WebLinkAbout04-2286 MILSTEAD & ASSOCIATES, LLC By: Corina M. Connors, Esquire Attorney ID# 83509 Woodland Falls COlporate Park 220 Lake Drive East, Suite 301 Cherry HilI, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 450 W. 33rd Street, 1st Floor New York, NY 10001 Plaintiff Vs. Bryan K. Seifert 10 Dubs:,Circle .... Mechamcsbutg, P A 17050 Anne Marie Seifert 10 Dubs Circle Mechanicsburg, P A 17050 Defendant(s) " .. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: Qtl-~UG:. Cil.JiC-T~ : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend againstthe claims setforth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 800-990-9108 4A*AAAAAAk4AAA4444*4A4444*4A4A44A4A4AAAA4A4A********************AA444A44A444A4A44kA*44~*********** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ****4AA44kA4444AA4kA44A4A4A*4A4AA4AAA**********AkA44AAAA4444AAA44AAA44444Ak*****44444444AA44**A4AA 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC By: Corina M. Connors, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 450 W. 33rd Street, 1st Floor New York, NY 10001 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No.: C>4 - ~J.Pb Ciuil'--r~ Vs. Bryan K. Seifert 10 Dubs Circle Mechanicsburg, P A 17050 Anue Marie Seifert 10 Dubs Circle Mechanicsburg, P A 17050 : CIVIL ACTION : MORTGAGE FORECLOSURE Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003-1, is a mortgage company, having an office and place of business at 450 W. 33rd Street, 1st Floor, New York, NY 10001. 2. Defendants, Bryan K. Seifert and Anne Marie Seifert, are the real owners of the premises hereinafter described. 3. Bryan K. Seifert, Defendant, resides at 10 Dubs Circle, Mechanicsburg, P A 17050 and Anne Marie Seifert, Defendant, resides at 10 Dubs Circle, Mechanicsburg, P A 17050. 4. On August 24, 2001, Defendants, Bryan K. Seifert and Anne Marie Seifert, executed and delivered to Equity One, Inc. a note (the "Note") and mortgage (the "Mortgage"). The Mortgage was recorded on August 29, 2001 in the Department of Records in and for the County of Cumberland under Mortgage Book 1731, Page 4914. Pursuant to Pa.R.C,P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party of Plaintiff by way of Power of Attorney to be recorded. 5. The said Note and Mortgage were in the principal amount of $595,340.00, with interest thereon at 8.25% per annum, payable as to the principal and interest in equal monthly installments of $4,472.59 commencing October 1,2001. 6. The Mortgage covers the following real estate (the "Mortgaged Premises"): 10 Dubs Circle, Mechanicsburg, P A 17050. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The mortgage is in default because payments of principal and interest due November I, 2003, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $585,023.43 Accrued but Unpaid Interest from 10/l/03 through 5/18/04 @ 8.25% per annum ($132.23 per diem) $ 30,545.13 Accrued Late Charges $ 1,565.41 Title Search Fees $ 200.00 Reasonable Attorney's Fees $ 1250.00 NSF Charge $ 50.00 TOTAL as of 5/18/04 $618,633.97 Plus, the following amounts accrued after 5/18/04: Interest at the Rate of 8,25% per annum ($ 132.23 per diem); Late Charges of $223.63 per month. 9. Plaintiff has complied fuIly with Act No. 91 (35 P.S.gI680AOI(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at I 0 Dubs Circle, Mechanicsburg, P A 17050 on April 13, 2004, the notice pursuant to 9 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amount due as set forth in paragraph 8, namely, $618,633,97, plus the foIlowing amounts accruing after 5118/04, to the date of judgment: (a) interest of $132.23 per day; late charges of $223.63 per month; plus interest at the legal rate aIlowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. na M. Connors, Esquire Attorney for Plaintiff VERIFICATION I, Corina M. Connors, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~~d{V Title: Attorney ALL THAT CERTAIN piece or parcel ofland situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point lying in the southern nghtofway line of Dubs Circle, a 50 foot wide road, said point being a comer of Lot 5-A-I, Dubs Circle as shown on the fmal Subdivision Plat of Lot 5A, Dubs Circle; thence along the line of said Lot 5-A-I, South 81 degrees 36 minutes 5 seconds West, 600.00 feet to a point; thence continuing with Lot 5-A-l, South 3 degrees 48 minutes 15 seconds East, 368.89 feet to a point being a comer with said Lot 5-A-l and lying in the northern line of the lands now or formerly of Barbara A. McCarthy; thence continuing with the said line of lands now or formerly of Barbara A. McCarthy, South 86 degrees II minutes 45 seconds West, 543.86 feet to a point being a corner with aforesaid lands now or formerly of Barbara A, McCarthy and the lands now or formerly ofJohn, IT and Linda J. Melham; thence continuing with the line of the said lands now or formerly of John, IT and Linda J. Melham" North 04 degrees 22 minutes 21 seconds West, 350.00 feet to a point lying in the line of aforesaid lands now or formerly ofJohn, II and Linda 1. Me1ham North 81 degrees 36 minutes 05 seconds East 1,140.42 feet to a point lying in the aforementioned southern right of way line of Dubs Circle; thence continuing with said right of way line 26.17 feet along the arc of a circle to the left, having a radius of 50.00 feet and a delta angle of 2911egrees 28 minutes, to a point, said point being the point and place of BEGINNING, BEING Lot 5-A-2 as shown on the Subdivision ofLot 5A Dubs Circle of Virginia DUbS, previously recorded ill the Office of the Recorder of Deeds in Plan Book 63, Page 4. UNDER AND SUBJECT to an eaSement for all times over and across Dubs Circle shown on the aforesaid Subdivision Plan for purposes of ingress, egress and regress to said prenlises, leading from the western line of WeSt Hill Drive, being Township Road T-598. TOGETHER with the right of ingress, egress and regress, unto the Grantees. their heirs and assigns,in, over and along a certain private roadwayor stref!t known as Dubs Circle Road, leading front the tract ofland ,herein described and being purchased by the Grantees for the purpose of providing access to the public township road formerly known as Beard Road and now known as West Hill Drive (T-598) subject, however to the conditions that said road shall be maintained by the Grantees, their heirs and assigns, together with all other owners and occupiers of Lots and/or land abutting along said private roadway or street known as Dubs Circle Road, at an equal cost to be borne by all parties, until such time as said road is dedicated to the public use and accepted and formally taken over by the Township, if and when such acceptance occurs. . Property known as: 10 Dubs Circle, Mechanicsburg, P A 17050. TaxID #: 38-14-0846-017 APRIL 13, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortp;age of your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to Help save your home. This notice explains how the program works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agencv. The name. address and phone number of Consumer Credit Counseling Agencies servicing your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Ap;ency toll free at 1-800-342-2397. (Persons with impaired hearinp; can call (717) 780-1869, This Notice contains legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADIUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIA T AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO" HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. MORTGAGOR'S NAME: MAILING ADDRESS: LOAN ACCT NO.: ORIGINAL LENDERlSERVICER: CURRENT LENDER/SERVICER: Bryan K, Seifert and Anne Marie Seifert 10 Dubs Circle, Mechancisburg, PA 17050 278399 Equity One, Inc, IP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003-1 YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling a~encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosljre proceedings will be pursued against you if you have met the requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART IF TillS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 10 Dubs Circle, Mechancisburg, P A 17050 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 11/1/03 through 4113/04 at $4,472.59 per month = $26,835.54 Late Charges - $1,1/8.15 NSF Fees - $50,00 TOTAL AMOUNT PAST DUE: $28,003.69 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $28,003.69 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either by cash. cashier's check or money order made payable and sent to: Equity One. Inc. 301 Lippincott Drive, Suite 100 Marlton, New Jersev 08053 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If you cure the default within the THffiTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale, You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Cnring tbe default in the manner set forth in tbis notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of tbis Notice. A notice of the actual date ofthe Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Equity One, Inc, 301 Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy Pbone Number: Contact Person: EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied, Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. Michael J. Milstead, Esq, Milstead & Associates, LLC This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. CoIlection agencies are regulated by federal law which grants you certain rights. One of these is right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, DC 20580, If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with a name and address of the original creditor, if different from the current creditor. CASE NO: 2004-02286 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS SEIFERT BRYAN K ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SEIFERT BRYAN K DEFENDANT was served upon the , at 2120:00 HOURS, on the 3rd day of June , 2004 at 75 MANADA CREEK CIRCLE CARLISLE, PA 17013 ANNE MARIE SEIFERT, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 10 DUBS CIRCLE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00i 31.45 Sworn and Subscribed to before I<> me this /t, ~ day of q~<<", r2bv 'f A. D . ChA~ a~ ~ Prothonotary' r-- So Answers: .r-~~ R. Thomas Kline 06/04/2004 MILSTEAD & ASSOC By: ~2jr}::/~?'~ ' Deputy Sheriff ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02286 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS SEIFERT BRYAN K ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE SEIFERT ANNE MARIE the DEFENDANT , at 2120:00 HOURS, on the 3rd day of June , 2004 at 75 MANADA CREEK CIRCLE CARLISLE, PA 17013 ANNE MARIE SEIFERT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 10 DUBS CIRCLE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this /(,. 'e- day of c;Lv.- ~<f A.D. \. l a '/l1~,d". # fi,":i6thonotary I So Answers: r~~ R. Thomas Kline 06/04/2004 MILSTEAD & ASSOC By: /Z'A7-,L~ @ L/~ - ~~~ Sheriff J~ MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 1.02532 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1, Plaintiff, Vs. Bryan K. Seifert and Anne Marie Seifert, Defendant(s). TO THE PROTHONOTARY: COURT OF COMOM PLEAS CUMBERLAND COUNTY NO. 04-2286 Civil Team Praecipe to Enter Appearance Kindly enter my appearance for the above captioned Mortgage Foreclosure Action. Milstead & Assodates, LLC B'~~~ Attorney ID No. 77274 o c: ;?'" -ell.'" n^.r: "" 7: u:; -<.. G( '- ',?:r" ~, ~.. :c':,:, . ~?~~ :J r-.:> = = .c- '- c:: ,- o -n :? ....--1'1 n1p ;~~ ~~:n -,' ( ~ (:~, rn ;..-', ~ N -0 -,",.. '-;'? co OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Bryan K. Seifert Anne Marie Seifert JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Vs. No.: 04-2286 Civil Team Bryan K. Seifert and Anne Marie Seifert, Defendants. NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Perm sylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below, Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PINA S. WERTZBERGER, ESQUIRE #77274 MILSTEAD & ASSOCIATES, LLC 856/482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. (OOOIl993} MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 450 W. 33rd Street, 1st Floor New York, NY 10001, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. : No.: 04-2286 Civil Team Bryan K. Seifert 75 Manada Creek Circle Carlisle, P A 17013 and Anne Marie Seifert 75 Manada Creek Circle Carlisle, PA 17013, Defendants. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against Bryan K. Seifert and Anne Marie Seifert, Defendants for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $618,633.97 Interest - 5/19/04 - 7/8/04 6,743.73 Late Charges 223.63 Escrow Advance 10,100.66 Corporate Advance 1,381.84 TOTAL $637,083,83 I hereby certify that (l) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordanc~~40PY ~ Pina S. wertzbergl-4ire Attorney for Plain:;tFSqU DAMAGES ~RE HEREBY ASSSESSED AS INDICA TED!) ..J.. ') DATE: '-- )/A..l'f I ~ ~DOY U.(/J:::u..a. -> /<- t PROTHONOTARY (000I1993} ~ MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 04-2286 Civil Team Bryan K. Seifert and Anne Marie Seifert, Defendants. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: I. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended. 2. defendant Bryan K. Seifert is over 18 years of age and resides at 75 Manada Creek Circle, Carlisle, P A 17013. 3. defendant Anne Marie Seifert is over 18 years of age and resides at 75 Manada Creek Circle, Carlisle, P A 17013. -R ~/XJ~o-1t!:~~ d Pka ~~~~fSqUire {OOOI1993) MILSTEAD & ASSOCIATES, LLC BY: Corina M. Connors, Esquire ID No. 83509 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482- I 400 JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 04-2286 Civil Term Bryan K. Seifert and Anne Marie Seifert Defendant(s) TO: Bryan K. Seifert 75 Manada Creek Circle Carlisle, PA 17013 Anne Marie Seifert 75 Manada Creek Circle Carlisle, PA 17013 DATE IF NOTICE: June 24, 2004 THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN A TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMA TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you, Unless you act within ten (10) days from the date of this notice, ajudgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below, This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. LA WYERS REFERRAL SERVICE LA WYERS REFERRAL SERVICE OF CUMBERLAND COUNTY BAR ASSOCIA nON 32 S. BEDFORID STREET CARLISLE,PA 17013 (717) 249-3166 Corina M. Connors, Esquire # 83509 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (OOOID803) t;U D ..({;). SLtt-~ ~ D" () 1" ..... - b S ~ ~ C5 \' . f-'f' L J r--- t. -I ,...~ .. .' c::~ <':':::.l , . ( ,-- f',) :-.} (>) -' ' 0) ~< In the Court of Common Pleas of Cumberland County, P A JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff CIVIL ACTION NO.: 04-2286 Civil Term Vs. Praecipe For Writ of Execution (Mortgage Foreclosure) Bryan K. Seifert Anna Marie Seifert Defendant(s) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Bryan K. Seifert Anna Marie Seifert 4. Real property involved: 10 Dubs Circle Mechanicsburg, P A 17050 AMOUNT DUE INTEREST From 7/9/04 to Date of Sale at $104.73 per diem $637,083.83 $ TOTAL (Costs to be added) $ August 31, 2004 c::/ {00017380} , ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bOWlded and described as follows, to wit: BEGINNING at a point lying in the southern right of way line of Dubs Circle, a 50 foot wide road, said point being a comer of Lot 5-A-l, Dubs Circle as shown on the fmal Subdivision Plat of Lot SA, Dubs Circle; thence along the line of said Lot 5-A-l, South 81 degrees 36 minutes 5 seconds West, 600.00 feet to a point; thence continuing with Lot 5-A-l, South 3 degrees 48 minutes 15 seconds East, 368.89 feet to a point being a comer with said Lot 5-A-l and lying in the northern line of the lands now or fonneely of Barbara A. McCarthy; thence continuing with the said line of lands now or formerly of BarbllIS A. McCarthy, South 86 degrees II minutes 45 seconds West, 543.86 feet to a point being a comer with aforesaid lands now or fonnerly of Barbara A. McCarthy and the lands now or fonnerly of JohI4 IT and Linda J. Melham; thence continuing with the lme of the said lands now or fonnerly ofJohI4 IT and Linda J. Melham, North 04 degrees 22 minutes 21 seconds West, 350.00 feet to a point lying in the line of aforesaid lands now or fomlerlyof John, IT and Linda J. Melham North 81 degrees 36 minutes 05 seconds East 1,140.42 feet to a point lying , in the aforementioned southern right of way line of Dubs Circle; thence continuing with said right of way line 26.17 feet along the arc of a cfrcle to the left, having a radius of 50,00 feet and a delta angle of29 pegrees 28 minutes, to a . point, said point being the point and place ofBEGINNlNG. BEING Lot 5-A-2 as shown on the Subdivision of Lot SA Dubs Circle of Virginia DubS, previouslycecOrded in the Office of the Recorder of Deeds in Plan Book 63, Page 4. ' UNDER AND SUBJECT to an eaSement for all times over and across Dubs Circle shown on the aforesaid Subdivision Plan for purposes of ingress, egress and regress to said premises, leading from the western line of WeSt Hill Drive, being Township Road T-S98, ' ' TOGETHER with the }ightof ingress,egre~s and regress,' unio the Grantees, theii heirs and as~igns,' in, over and along a certain. private roadway pr s~t known as Dul;>s Cfrcle Road, leading from the tract of land herein described and being purchased by the Grantees for the purpose of providing access to the public township road fonnerly known as Beard Road and now known as West Hill Drive (T-S98) subject, however to lJje conditions that said road shall be maintained by the Grsntees, their heirs and assigns, together with all other owners and occupiers of Lots and/or land abutting along said private roadway or street known as Dubs Circle Road, at an equal cost to be borne by all parties, until such time as said road is dedicated to the public use and accepted and fonnally taken over by the Township, if and when such acceptance occurs. ' BEING KNOWN AS 10 Dubs Circle, Mechanicsburg, P A 17050 PARCEL ill NO: 38-14-0846-017 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO17380} '~ t - \ {'t1 ~ ~ \' L ~ -. 'i-- "t\ " ~-- ~~ """- ,.., , . -:-....~ (,), ~ . \~ ~ \ \ Ci ~ \ ~ \\ ~ ~ (\ r- ~ t.~ \. ~ ~ "T\ ) ...... );. -...: "t ~ \ t -E:> oN ('. ~ .. -.. ~ \ - - ~- ~, "" ~ '" Ll '\ ..S\ r.}..;t.. '."~ c ~. ' ~..:- ?f i'_~_ L= ::;! "^' 0"' Q ~ ("J ~ -n r,; :q .-:1 I 0) ::r.::'<" \"., MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cheny HilI, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 04-2286 Civil Term vs. : AFFIDAVIT PURSUANT : TO RULE 3129.1 Bryan K. Seifert Anna Marie Seifert Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003-1, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 10 Dubs Circle, Mechanicsburg, P A 17050: I. Name and address ofOwners(s) or Reputed Owner(s): Bryan K. Seifert 75 Manada Creek Circle Carlisle, PA 17013 Anna Marie Seifert 75 Manada Creek Circle Carlisle, P A 17013 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {OOO17380} 4, Name and Address of the last recorded holder of every mortgage of record: lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003- I (Plaintiff herein) 450 W, 33rd Street, I st Floor New York, NY 10001 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 10 Dubs Circle Mechanicsburg, PA 17050 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Departrnent of Welfare P.O. Box 2675 Harrisburg, P A 17105 I verifY that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn f~ion to au oriti, " (?/~ i ~L Pina S. ertzberger, Esqui e Attorney for Plaintiff Date: August 31, 2004 {00017380} '. ,~ s~ ;lIt,}. (:.~ .-' (::--~ :? v--;, r-'. '-' .,-) -n "L hl v: - -.:;;, \,r> (.) _"i MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No,: 04-2286 Civil Term Vs. : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 Bryan K. Seifert Anna Marie Seifert Defendant( s) TAKE NOTICE: Your house (real estate) at 10 Dubs Circle, Mechanicsburg, P A 17050 is scheduled to be sold at Sheriffs Sale on December 8, 2004 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgrnent of $637,083.83 obtained by JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {OOOI7380} ~OU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482- I 400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (J 0) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 170 I 3 (717) 249-3166 (800) 990-9108 04- I -02532 {OOOI7380} ALL THAT CERTAIN piece or parcel ofland situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ' BEGJNNJNG at a point lying in the southern right of way line of Dubs Circle, a 50 foot wide road, said point being a corner of Lot 5-A-I, Dubs Circle as'sbown on the fmal Subdivision Plat of Lot SA, Dubs Circle; thence along the line of said Lot 5-A-1, South 81 degrees 36 minutes 5 $econds West, 600.00 feet to a point; thence continuing with Lot S-A-l, South 3 degrees 48 minutes 15 seconds East, 368,89 feet to a point being a corner with said Lot 5-A-l and lying in the northem line of the lands now or formerly of Barbara A. McCarthy; thence continuing with the said line of laads now or fonnerly of Barbara A. McCarthy, South 86 degrees 11 minutes 45 seconds West, 543,86 feet to a point being a corner with aforesaid lands now or fonnerly of Barbara A, McCarthy and the lands now or formerly of John, II and Linda J, Melham; thence continuing with the lme of the said lands now or formerly of John, II and Linda J. Melham, North 04 degrees 22 minutes 21 seconds West, 350.00 feet to a point lying in the line of aforesaid laads now or formerly of John, II and Linda J. Melham North 81 degrees 36 minutes 05 seconds East 1,140.42 feet to a point lying , in the aforementioned southern right of way line of Dubs Circle; thence continuing with said right of way line 26,17 feet along the arc of a circle to the left, having a radius of 50.00 feet and a delta angle of29 degrees 28 minutes, to a' point, said point being the point and place ofBEGINNlNG. BEING Lot 5-A-2 as shown on the Subdivision of Lot SA Dubs Circle of Virginia Duos, previouslyrec6rded in the Office of the Recorder of Deeds in Plan Book 63, Page 4. UNDER AND SUBJECT to an eaSement for all times over and across Dubs Circle shown on the aforesaid Subdivision PIan for purposes of ingress, egress and regress to said premises, leading from the western line of WeSt Hill Drive, being Township Road T-598,. TOGElBER willi thilrlghtof irigress,egre~sand regress, unto the Grantees, their heirs and assigns, in~ over and along a certa.iI1 private roadWayor street known as Dubs Circle Road, leadirig from ti,e tract of land herein described and being purchased by the Grantees for the purpose of providirig access to the public township road formerly known as Beard Road and now known as West Hill Drive (T-S98) subject, bowever to the conditions that said road sball be maintained by the Grantees, their heirs and assigns, together with all other owners and occupiers of Lots and/or land abutting along said private roadway or street known as Dubs, Circle Road, at an equal cost to be borne by all parties, until such time as said road is dedicated to the public use and accepted and formally taken over by the Township, if and when such acceptance occurs. ' BEING KNOWN AS 10 Dubs Circle, Mechanicsburg, PA 17050 PARCEL ID NO: 38-14-0846-017 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OO017380} "'1"J'." (') C '",,:. r-> C:J c~ .c- "n (~'1 -0 \ v:; n ";'1 ,... '~;,7~: ...~'.~~;, - ~{{~~:\ , ':r:o '-.7 -," -". ---. '" /' '>? :~ ,0 (,,0). WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2286 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due JP MORGAN CHASE BANK Plaintiff (s) From BRYAN K. AND ANNA MARIE SEIFERT, 75 MANADA CREEK CIRCLE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to seJllO DUBS CIRCLE, MECHANICSBURG, PA 17050. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as foJlows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is e~oined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) lfproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $637,083.83 LL50 Interest FROM 7/9/04 TO DATE OF SALE AT $104.73 PERDIUM Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $129.45 Plaintiff Paid Date: 9/3/04 (Seal) :;,thtono:: ~ -?Y1~ L A. _ _ , J;uty......,.........7 REQUESTING PARTY: Name PINA S WERTZBERGER, Esq. Address: WOODLAND FALLS DRIVE EAST CORPORATE PARK 220 LAKE DRIVE EAST, SillTE 301 CHERRY HILL, NJ 08002 Attorney for: Plaintiff Telephone: (856) 482-1400 Supreme Court lD No, 77274 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 04-2286 Civil Term vs. : AMENDED : AFFIDAVIT I.URSUANT : TO RULE 3129.1 Bryan K. Seifert Anna Marie Seifert Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003-1, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information c:oncerning the real property located at 10 Dubs Circle, Mechanicsburg, P A 17050: 1. Name and address ofOwners(s) or Reputed Owner(s): Bryan K. Seifert 75 Manada Creek Circle Carlisle, P A 17013 Anna Marie Seift:rt 75 Manada Creek Circle Carlisle, P A 17013 2, Name and address ofDefendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgm1ent is a record lien on the real property to be sold: John Deere Construction Equipment Co. 1415 28th Street P.O. Box 65090 West Des Moines, IA 50265 {OOOI7380} 4. Name and Address of the last recorded holder of every mortgage of record: lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003-1 (Plaintiff herein) 450 W. 33rd Street, 1 st Floor New York, NY 10001 Waypoint Bank 235 N. 2nd Street Harrisburg, P A 17101 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 10 Dubs Circle Mechanicsburg, P A 17050 Department of Domestic Relations Cumberland COurlty Courthouse 13 N. Hanover Street Carlisle, P A 17013 . Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falSifi\!)n to ori . s. ~ Wertzberger, Esq Attorney for Plaintiff Date: November 16, 2004 {OOOI7380} r,"1 ',> ~. c' C" ~?:; ~~:.::;') _t.- .......::; \_0 :,:1 r,) ...c C~,) C o -Tl --I rr; :r; rOo :;:j !?:] (" 1 -j~f~ C' i~rl MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77472 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry HilI, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No.: 04-2286 Civil Term Vs. AFFIDAVIT PURSUANT TO Pa.R.C.P.3129.2 Bryan K. Seifert Anna Marie Seifert Defendants STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) I, Pina S, Wertzberger, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, I. On September 27, 2004, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendants, Bryan K. Seifert and Anna Marie Seifert, by certified rnail, returned receipt requested, Copies of the signed certified cards are attached hereto and made a part hereof as Exhibit "A". 2, On September 24,2004, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". , / (00032738} I " . Article Number 111111111111111111111111 71bD 3'111 'lIl46 bDLoi! Loi!53 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: Dves Bryan K. Seifert 75 Manada Creek Circle Carlisle, PA 17013 ~ Received by (Please Pr(nt Clearly) ttl1 .O-luie se.-kr -)-) C. Signature X arv>-trtU}'M- 4e~ D. Is delivery address different from ilem 11 II YES, enter delivery address be(OY.I: ,~,. [J Agent [JAddressee [JYes [JNo ~ .".- , 1.02532 PS Form 3811, July 2001 Domestic Return Receipt 111111 1111111111111111I 71bD 3'111 'lIl46 blII.i! Loi!bD 3. Service Type CERTIFIED MAIL 4. Restricted Dell....ery? (Extra Fee) 1. Article Addressed to: DVes Anna Marie Seifert 75 Manada Creek Circle Carlisle, P A 17013 X JAgs"t o Addressee []Yes ONo D. Is delivery address different from item 1? Jf YES, enter dellvery address belo\\f. 1.02532 PS Form 3811, July 2001 Domestic Return Receipt '<I If> ... ~ '" ~ .. '" ~-< 00 jo<> (')O:t.-:OGlO oO~ () ~ c: ~ ~ 9~ ~ i ~ a ~~%-~w;.91~o %. Q ~:t.~3~;r:~1 ~Q~ - 0) tii" G N ~ to C %--0 ~~ ~~ \J~9..~? ~ ....G (') - J:" :io "0 -.\-"' 00-" 41-'" ~~~Q::i ~~-" (;J to:Z 3 Q -. 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'S\ z "% -g'i \i~ 9,. z ~ "00 0- 'A--g. 00. all ;i 0.- e-~ ..~ 'C.~ , Siii i;i , i?,--j ~ ~ y ~ ';;'?IIN'Y80\1'E5' \ ,-- - \ -- ~;I:"'~ 'Z;-:o~o ~ ';j;~ (1) O~5 ~.::t.'O ~'~o,&'% 0\$ tp Cll S ""~.... (\) ~ '.6''!. ~ m to IJl- (J)Cll' V'~ ;o~a(1~-;* _-1.0 eo 0 .....~ '::I o-~ -.l \to ~ ~ , i! '" '" ,,~ :P g. g '" ~ rn '" ~ .0 3 .. ;l. (1 " --- \ l--- \ 1 860 U.S. POSTAGE ~ "A.... -. ",ry!o ~ (V1X\ 'p..J f le:.. "'v!""v",,-," 1 6. :; 7 iviAli..:e,iJ. rMviVi Li~ C-:'CoC: \ PB3542950 NOV "t 7 -2004 \ ...-' - -- \ L voOGZ \ \ 'i ---- ." o .. l>I ~ .----.J _ ppp"S _Or o0a(\), (tl oc:::'a-... %OH~ ~ ~; I t~ " , '" . } r ." \\ 0; i~ ci~ -----' ( pP ~~ "'~ ,%, -s.~ (i". 5-:::r ......... "." ~ So. 0 ." "Ol!l- > oe. ~ 1A-- " ~~ _c "'- ..'" c'" ;lS ~ ---- \:..:: ~~'g" \ c:. ~ ... , ::....-: .::i, ,!!-c \H: t -\ \ "0> p~~ 00." ~! -I .,," \\?> - .,,0> .." ... - .,,0> \t~ --' \ " ~\~ 3 \ " " !!. ;lc \. .. ." ... \ .. t '- COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND }SS: ol(- o<.~ b I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriffs Deed in which Equity One ABS Inc Tr is the grantee the same having been sold t said grantee on the 2nd day or'March A,D., 2005, under and by virtue of a writ Execution issued 0 the 3rd day of September, A.D., 2004, out ofthe Court of Common Pleas of said County as of Civil T fIll, 2004 Number 2286, at the suit of Equity One ABS Inc tr against Bryan K Seifert & Anna Marie is d ly recorded in Sheriffs Deed Book No. 267, Page 4499. IN TESTIMONY WHEREOF, I have d'':.unto set my hand and seal of said office this day of Recorder f Deeds ,-.PA 01 "... 2lIOI lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 VS Bryan K. Seifert and Anna Marie Seifert In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-2286 Civil Terrn Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 16,2004 at 10:45 o'clock AM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Bryan K. Seifert and Anna Marie Seifert, by making known unto Anna Seifert, personally and wife of Bryan K. Seifert, at 75 Mana Creek Circle, Carlisle, Cumberland County, Pennsylvania, its contents and at the sarne time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2004 at 3: 15 o'clock P.M., he posted a true copy of the withi Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bryan K. Seifert and Anna Marie Seifert located at 10 Dubs Circle, Mechanicsburg, Pennsylvania, according to law. R. Thornas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Bryan K. Seifert and Anna Marie Seifert, by regular mail to their last known address of75 Manada Creek Circle, Carlisle, PA 17013, These letters were mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 02, 2005 at 10:00 o'clock A.M, He sold the same for th surn of$1.00 to Attorney Pina Wertzberger for lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc" Mortgage Pass-Through Certificates, Series 2003-1, It being the highest bid and best price received for the same, lP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass-Through Certificates, Series 2003-1 of 450 W. 33rd Street, 15th Floor, New York, NY 10001, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,225.60, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 24.03 15,00 15,00 30.00 10,00 .50 ~ :l 1- 40., 11'1 ({. If o I ~ ).- w Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sherifi's Deed 1.00 8.15 15.00 30,00 20.00 507,20 424,81 30.42 25.00 39.50 $ 1225.61 Sworn and subscribed to before me This ell day of 1Y}.,/l(..t... 20OS.A.D.p;' ;,:);<1.-. .,.. Prothonot ~ So Answers: r"~~~ R. Thomas Kline, Sheriff BY JD~l)W\LfL Real Estate eputy MILSTEAD & AssoclA TES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ADS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 04-2286 Civil Term vs. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Bryan K. Seifert Anna Marie Seifert Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank, as Trustee for Equity One, ADS, Inc., Mortgage Pass- Thr ugh Certificates, Series 2003-1, Plaintiff in the above entitled cause of action, sets forth as of the d e the praecipe for writ of execution was filed the following information concerning the real property I cated at 10 Dubs Circle, Mechanicsburg, P A 17050: I. Name and address ofOwners(s) or Reputed Owner(s): Bryan K, Seifert 75 Manada Creek Circle Carlisle, P A 17013 Anna Marie Seifert 75 Manada Creek Circle Carlisle, P A 17013 2. Name and address ofDefendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: John Deere Construction Equipment Co. 1415 28m Street P.O. Box 65090 West Des Moines, IA 50265 (00017J80} J , 4. Name and Address of the last recorded holder of every mortgage of record: JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc" Mortgage Pass-Through Certificates, Series 2003-1 (Plaintiff herein) 450 W. 33rd Street, 1st Floor New York, NY 10001 Waypoint Bank 235 N. 2nd Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and hose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any inte st in the property which may be affected by the sale: Tenant/Occupant 10 Dubs Circle Mechanicsburg, PA 17050 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 , Commonwealth of Pennsylvania Deparunent of Welfare P.O. Box 2675 Harrisburg, P A 17105 1 verify that the statements made in the Affidavit are true and correct to the best of my per onal knowledge or information and belief. I understand that false statements herein are made subject t the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsifi tipn to r on' s. , . Pina' . Wertzberger, Esq Attorney for Plaintiff \ i J , , \ Date: November 16,2004 {00017380} ~ ... MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 04-2286 Civil Term vs. AFFIDAVIT PURSUANT TO RULE 3129.1 Bryan K. Seifert Anna Marie Seifert o .:::" c) '-;1 -1'1 ~ ~~ --r_:r:~' A h~r.;'~ .-- ~l -<"'Jrn (j \ I ~)), ~~l W '~':'~:,) r-~: ;<.~: , ' ~:;. - ?;~ c;. .~_>. I; . -l~' -;':"1 en JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pa~S;J rliil.gh ~;; Certificates, Series 2003-1, Plaintiff in the above entitled cause of action, sets forth as of~ ~thec., praecipe for writ of execution was filed the following infornlation concerning the real prope located at 10 Dubs Circle, Mechanicsburg, P A 17050: Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I. Name and address ofOwners(s) or Reputed Owner(s): Bryan K. Seifert 75 Manada Creek Circle Carlisle, P A 17013 Anna Marie Seifert 75 Manada Creek Circle Carlisle, PAl 70 13 2. Name and address ofDefendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the r al property to be sold: None Known {OOO17380) MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1 Plaintiff COURT OF COMMON PLEAS CUMrnERLANDCOUNTY No.: 04-2286 Civil Term Bryan K. Seifert Anna Marie Seifert Defendant(s) ::;r-' -~ ' ";-~~: q, ") :?~ 1 ("';1(:. "l) -\1("("" , ~.\-}9 ..) l:.l() , ;! "y. :r~". ;~~>. .( ~\ :';;. '~,-n '../ '-R ":, ~~ ) :) -' Vs. 0. c NOTICE OF SHERIFF'S SALE-6F' REAL PROPERTY PURSUAN'f:(,), ;._. TO P A.R.C.P. 3129 ,~}--' r- ,'u, TAKE NOTICE: Your house (real estate) at 10 Dubs Circle, Mechanicsburg, P A 17050 is sched ed to be sold at Sheriffs Sale on December 8, 2004 at 10:00 an1 in the Commissioner's Hearing Roo Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $637,08 .83 obtained by JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc., Mortgage Pass- Through Certificates, Series 2003-1. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open Judgment, if the Judgment was improperly entered, You may also ask the Court to postpone the for good cause. 3, You may also be able to stop the Sale through other legal proceedings, You may need attorney to assert your rights, The sooner you contact one, the more chance you will have of stop ing the Sale. (See Notice on next page and how to obtain an attorney), (OOOI7380) \ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTH RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidde , You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2, You may be able to petition the Court to set aside the Sale if the bid price was gros ly inadequate compared to the market value of your property. 3. The Sale will go through only ifthe Buyer pays the Sheriff the full amount due on t e Sale. To fmd out ifthis has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the ow property as if the Sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the S riff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to e ict you. 6. You may be entitled to a share of the money which was paid for your house. A Sch distribution of the money bid for your house will be filed by the Sheriff on a date specified by e Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that The money will be paid out in accordance with this schedule unless exceptions (reasons why proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if au act immediately after the Sale, YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT AVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LI TED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PAl 7013 (717) 249-3166 (800) 990-9108 04-1-02532 {00017380} \ 'ALL THAT CERTA!}! piece or parcel ofJand situate in Silver Spring Township, Cumberland Coun ,Pennsylvania, more particularly bounded and described as follows, towit: BEGINNING at a point lyiug in the southern right of way line of Dubs Circle, a 50 foot wide road, said point eing a corner of Lot 5-A-I, Dubs Circle as shown ou thefmal Subdivision Plat of Lot SA. Dubs Circle; theuce Illon the line of said Lot 5-A-J, South 81 degrees 36 minutes 5 seconds West, 600,00 feet to a point; thence continuing wi Lot 5-A-l, South 3 degrees 48 minutes 15 seconds East, 368.89 feet to a point being a comer with said Lot 5-A-l and lying in the northern line of the lands now or formerly of Barbara A. McCarthy; thence continuing' with the sai line oflands now or formerly ofBaroara A. McCarthy, South 86 degrees II minutes 45 seconds West, 543,86 feet a point being a comer with aforesaid lands now Or formerly of Barbara A, McCarthy and the lands now or fonnerly f John, II and Linda J. Melham; thence continuing with the Ihie of the said lands now or formerly of John, II and Lin a J. Melham, North 04 degrees 22 minutes 21 seconds West, 350.00 feet to a point lying in the line of aforesaid land nowor fornlerly of John, II and Linda J. Melham North 81 degrees 36 minutes 05 seconds East 1,140.42 feet t a point lying . in the aforementioned southern right of way line of Dubs Circle; thence continuing with said right ofw line26.l7 feet along the arc of a cii'cle to the left, having a radius of 50.00 feet and a delta angle of 29 <;Iegrees 28 . utes, to a ' point, said point being the point and place of BEGINNING. BEJNG Lot 5-A-2 as shown on the Subdivision of Lot SA Dubs Circle of Virginia Dubs, previouslycec6rded in e Office of the Recorder of Deeds in Plan Book 63, Page 4. ' UNDER AND SUBJECT to an eaSement for all times over and across Dubs Circle shown on the aforesaid Subdi ision Plan for purposes of ingress, egress and regress to said premises, leading from the western line of WeSt Hill Dive, being Township Road T-S98. ' TOGETIffiR with the right of irigress, egress and regress, unio the Grantees, theiiheirs ~d assigns, in; over and ong a certain private roadwayor street known as Dubs Crrcle Road, leading from the tract ofland herein descri and being purchased by the Grantees for the purpose of providing access to the public township road form y known as Beard Road and now known as West Hill Drive (T-598) subject, bowever to the conditions that said roa shall be maintained by the Grantees, their heirs and assigns, together with aU other owners and occupiers of Lots and/or land abutting along said private roadway or street known as Dubs, Circle Road, at an equal cost to be borne b all parties, until such time as said road is dedicated to the public use and accepted and formally taken over by the T wnship, if and when such acceptance occurs. ' BEING KNOWN AS 10 Dubs Circle, Mechanicsburg, P A 17050 PARCELIDNO: 38-14-0846-017 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOOI7180} wRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) NO 04-2286 Civil CIVIL ACTION - LA TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK Plaintiff (5) From BRYAN K. AND ANNA MARIE SEIFERT, 75 MANADA CREEK CIRCLE, CARLISL , P A 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell 10 DUBS CIRCLE, MECHANICSBURG, P A 17050 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enj Dined as above stated, Amount Due $637,083.83 LL50 Interest FROM 7/9/04 TO DATE OF SALE AT $104.73 PERDIUM Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $129.45 Plaintiff Paid Date: 9/3/04 (Seal) Prothonotary By: Iv.l..: ?/~d- epuly REQUESTING PARTY: Name PINA S WERTZBERGER, Esq. Address: WOODLAND FALLS DRIVE EAST CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: Plaintiff Telephone: (856) 482-1400 Supreme Court ID No, 77274 Real Estate Sale #48 On September 07,2004 the Sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 10 Dubs Circle, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: September 07,2004 By: JtrrLM\~ Real E~;a~ Deputy ~ ~ c:;;:;l c::;::::3 ~ , ~.J \ , , i'.' ;.. ;.. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co" a corporation organized and existing under the I ws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Str et, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, n the Cily, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Ma h 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed nolice or publication which is securely attached hereto is exactly as printed and pu lished in their regular daily andlor Sunday! Metro editions which appeared on the 19th and 26th day(s) of October nd the 2nd day(s) of November 2004, That neilher he nor said Company is interested in the subject matter of said rinted notice or advertising, and that all of the allegations of this statement as to the time, place and character of pu lication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ver fy this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously p ssed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of DeerS in for said County of Dauphin in Miscellaneous Book 'M", Volume 14,Page317, ' COpy S ALE #48 PUBLICATION , CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 J Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 424,81 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sa e have been duly paid, By"..."",..,...""""""".........,.."""......, ......""" ,..,..d- -~<,;. REAL ESTATE SALE No. 48 WIflNo._l .II CIvII'lllnn JP IIoIgan C_1IIInk, _ ~ lor EquJlY O!>e, ASS, Inc., c=:=... ":1..~1 BIYM K. ~1w1_ Alma M SeIfert Ally: PI", We. _ger . DESCRIP'llON AIL 1HAT CFJlTAIN piece or palI'<l of land _inSil",SI""'lThwlullip,ClImherland CoImly, ~IVIIlla, morepalli<;1dady bounded illdd.."ibedasfol1ows.towit: ' llEGINNlNO at . jIlBDllying in 1he sou1hem righ<-of,way line of Dubs Circle, . 5O-foot,wide rosd, saidpointbemg. """"of Lot 5-A,l. Dubs Cin:Je as shown 00 !he linsI SDbdMsioo Plat of LotSA.Dubs~;dIeoreaI008!helineofsaid Lot 5-A,l, Soo1h 81 degrees 36 _ S ...- West, Wl),oo feet to . poinI; dIeore COIltinuing with Lot 5-A-I, Soo1h 3 degrees 48 _lS...-EssI, 368.89 feet to ajllBDl bemg. """" with said Lot 5-A-t iIId IyiDg in !he IIOIlherii line of1he lands DOW orfolmly of BatbaraA. MtCst1hy: dIeore COJJlinuin& widl!he saidlineoflands~orfOllllOllyof_A. MtCst1hy, South il6 degrees II ........ .5 _West,543,86feettoapoint~. """"withafomaidlNldslllJWorfonnedyri Batbara A. MtCst1hy 1nd !he ,lands DOW or .......... of 101m. n iIId Linda I. Mdham; dIeore ~with1helioeof!hesaidlaDds_or fonnedy of Iohn, n iIId Linda I. Mclham. Nonh 04"""" 22 minutes 21 secoodsWest, 350.00 feetto.jIlBDll'in!helineofsfot<ssidlands _ or formtrly ~Iohn, n lIlId Linda I, Mclham _81 degrees36_OS...-Esst 1.1<<JA2 feet to . jIlBDl !yinf in the _ODed soodrem rigJ>t-of,wiy line of lJubsCin:Je:dIeoreCOlltinuingwithsaidrigJ>t-of, WIY Iine26J7 feet sIoDg!he SIt ofacircle..lhe WI, having a tadius rl 50,00 feet and a del.. aogIeof29degrees28 minntes,to apoin,ssid point ~!he point lIlId pbu:e ofBEGlNNlNG, BEING Lot ;.A,2 as oItwn on !he Subdivision of Lot SA Dubs Cin:Je of Vuginia Dubs. j>OViously=mkdin!heOlli<eoflhe_ of!le<dsinPlanIlQlllt~,Page4, UNDER AND SIfilJECr to ......- for all times over and across Dubs Cirele shown 00 the afOl<Said SubdMaloo Plan forJllllJlO'" of in&t<as.egresslllld_"saidJll'lllises. leading 60m 1he _line ofWesI Hill Drive, being Township Road 1'598, TOOI!I'HFl\ with !he rigJ>t of ingn:ss, egress iIId _ _ lhe Gmrtees, !heir h<iIs and assips. iIl,.....and oIllog a ...... privale -..ay or ..... kI>owo as Dubs Cin:1e llllad, kadingfiumlhell1Ctofland__ snd bemg pon:Iwed by !he Gmrtees for !he l'JlllO" of providing ""'" .. !he public :-J~::~.e. ..-.J,'r .. ~ ... ~ ...... ...... .. . - ...... .. accupim of \.00 /IIPkH land abulIing al.., Slid )IIivate roadway or 1treet known as Dubs 0Ide koad. at an equal ""'.. be home by all panies, WJtilsuchtimeassaidmadisdedicaCed.wrhe public ... snd accepred all! fumsIly om. over by !he Townsbip, a sod .. S1lCi1 accep-. OCCUB. BElNO KIlOWN AS 10 Dubs Cin:le. u....""'C'botg. PA 17050, PARCIlLID#J8.t-l<l846-b17, IMPROVEMENTS thereon cOJWst of: Residen1ial Dwelling, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Count and State aforesaid, being duly sworn, according to law, deposes and says that the Curnberlan Law Journal, a legal periodical published in the Borough of Carlisle in the County and State afi resaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been reg larly issued weekly in the said County, and that the printed notice or publication attached heret IS exactly the same as was printed in the regular editions and issues of the said Cumberland aw Journal on the following dates, VIZ: OCTOBER 8,15,22,2004 Affiant further deposes that he is authorized to verify this statement by the Cumbe land Law Journal, a legal periodical of general circulation, and that he is not interested in the s bject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to tirne, place and character of publication are true. - SW N TO AND SUBSCRIBED before me IS 22 day of OCTOBER 2004 NOTARIAL SEAL LOIS E, SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE NO. 4S Writ No, 2004-2286 Civil JP Morgan Chase Bank, as Trustee for Equity One, ABS, Ine" Mortgage Pass-Through Certificates, Series 2003~ 1 vs, Bryan K. Seifert and Anna Marie Seifert Atty.: Pina Wertzberger ALL THAT CERTAIN piece or par- cel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point lying in the southern right of way line of Dubs Circle, a 50 foot wide road. said point being a comer of Lot 5- A-I. Dubs Circle as shown on the final Subdivision Plat of Lot 5A. Dubs Circle; thence along the line of said Lot 5-A-1, South 81 degrees 36 minutes 5 seconds West, 600.00 feet to a point; thence continuing with Lot 5-A-1, South 3 degrees 46 minutes 15 seconds East, 368.89 feet to a point being a corner with said Lot 5-A-l and lying in the north- ern line of the lands now or former- ly of Barbara A. McCarthy; thence continuing with the said line oflands now or formerly of Barbara A. Mc- Carthy, South 86 degrees 11 min- utes 45 seconds West, 543.86 feet to a point being a comer with afore- said lands now or formerly of Bar- bara A. McCarthy and the lands now or formerly of John, II and Linda J, Melham; thence continuing with the line of the said lands now or former- ly of John, II and Linda J. Melham, North 04 degrees 22 minutes 21 seconds West, 350.00 feet to a point lying in the line of aforesaid lands now or formerly of John, II and Linda J. Melham North 81 degrees 36 minutes 05 seconds East 1,140- .42 feet to a point lying in the afore- mentioned southern right of way line of Dubs Circle; thence continuing with said right of way line 26.17 feet along the arc of a circle to the left, having a radius of 50.00 feet and a delta angle of 29 degrees 28 minutes. to a point, said point be- ing the point and place of BEGIN- NING, BEING Lot 5-A-2 as shown on the Subdivision of Lot 5A Dubs Circle of Virginia Dubs, previously recorded in the Office of the Re+ corder of Deeds in Plan Book 63, Page 4. UNDER AND SUBJECT to an easement for all times over and across Dubs Circle shown on the aforesaid Subdivision Plan for pur- poses of ingress. egress and regress to said premises, leading from the western line of West Hill Drive, be- ing Township Road T ~598. TOGETHER with the right of in, gress. egress and regress, unt~ the Grantees, their heirs and aSSIgns, in. over and along a certain private roadway or street known as Dubs Circle Road, leading from the tract of land herein described and being purchased by the Grantees for the purpose of providing access to the public township road formerly known as Beard Road and now known as West Hill Drive (T ~598) subject. however to the conditions that said road shall be maintained by the Grantees, their heirs and assigns, together with all other own- ers and occupiers of Lots and/or land abutting along said private roadway or street known as Dubs Circle Road, at an equal cost to be borne by all parties, until such time as said road is dedicated to the pub- lic use and accepted and formally taken over by the Township, if and when such acceptance occurs. BEING KNOWN AS 10 Dubs Circle. Mechanicsburg. PA 17050. PARCEL ID NO' 38,]4,0846- 017, IMPROVEMENTS THEREON CONSIST OF: Residential Dweillng,